he can't tell us whose records the fbi wants, because that is a secret, too.. >> can the fbi without a court supervision decide that it wants to target this american or that american? >> that is a question and in a court case going on here in u.s. district court in san francisco. and in a rare and potentially far-reaching case, the unnamed phone company is challenging fbi's authorities to secretly collect consumer data. >> as far as we know this is only the second time it centers on so called national security letters and laws including patriot act allow the fbi to use ns tlo. demand companies turn over records. and and then, not tell anyone about it. >> it's keeping all information and justification for the investigation secret. >> and fbi doesn't need a subpoena, only to certify information is relevant to a national security investigation. and in court said counter terrorism investigations must be carried out in secret if they're to succeed. the court hearings themselves are secret. here is all we're allowed to see of documents. there is mostly blacked out. >> there is fbi began yu